Residency Dispute Pits School Board, Family On Town Line

CHESHIRE — The mother of two Wallingford Road children whom the school board has ousted from town schools in a residency dispute is seeking to force Cheshire to retain her girls.

Cheryl Harrison, the mother of Amber and Ashlee Shaw, is asking for an injunction to prevent the school system from blocking the enrollment of her children in 1995-96 and the future. Amber, 13, last year attended Dodd Junior High School, and Ashlee, 8, attended Highland Elementary School.

Board of education members and school administrators have been ordered to appear at 10 a.m. today in Superior Court in Meriden to answer charges that the Shaw children have been unfairly removed from the town school system.

The family lives at 1151 Wallingford Road, property straddling the Cheshire-Wallingford border. The family contends they live in Cheshire, while the school board counters they are technically Wallingford residents, paying thousands in annual taxes in Wallingford and less than $100 in Cheshire.

Both children were permitted to attend Cheshire schools last year, but the school board on Aug. 10 voted that the children are Wallingford's responsibility. The board cited a new law using tax payments as the key factor.

Noting it costs from $7,500 to $8,000 yearly to educate a student, school board Chairman Tod Dixon said it is unfair for Cheshire taxpayers to pay for the children's education when the Wallingford taxes far exceed the amount received by Cheshire.

The panel's action came despite a ruling in 1994 by a State Board of Education hearing officer that Cheshire is the natural community of the Shaw children. The hearing officer ordered the town to provide free schooling to the students and noted that neighborhood children have been allowed to attend Cheshire schools for 40 years with the consent of Cheshire school officials.

Although property taxes have been paid to both towns, the hearing officer stated that the Cheshire assessor's office listed the address in Cheshire and the nearest Wallingford residence is more than a mile away. In addition, the home uses Cheshire garbage collection and recycling services. The officer also pointed out that Cheryl Harrison votes and has her driver's license listed in Cheshire.

The hearing officer ruled that to remove the children from Cheshire schools would be disruptive to their development because they have become adjusted to life in the community.

Dixon said Thursday the ruling is outdated.

``The law has now changed,'' he said.

Assistant Superintendent Gary Chesley, who plans to attend today's proceeding, said the school system's legal counsel supports ousting the two children.